Spanish nationality for Chinese nationals: requirements and routes

If you are a Chinese national and live in Spain, you probably wonder how and when you will be able to obtain Spanish nationality. The answer depends on your country of origin, and in the case of China the main route is Spanish nationality by residence, with a longer term than that of Ibero-American countries. In this guide we review the exact term, the question of dual nationality, the exams, the documents you need from China and the most common residence routes in the Chinese community in Spain.

The term: 10 years of legal residence

China is not an Ibero-American country, nor does it have a special regime with Spain in this area. For this reason, its nationals must prove ten years of legal and continuous residence in Spain before being able to apply for nationality by residence. It is the general term that the law applies to most countries, as opposed to the two years enjoyed by citizens of Ibero-American countries.

The key lies in two words: legal and continuous. Legal means that you must have resided with a valid residence authorisation throughout that time; periods in an irregular situation do not count. Continuous means that there can be no significant interruptions to your residence in Spain. It is therefore advisable to renew your authorisations on time and to avoid prolonged absences that break that continuity. If you want to get an idea of the processing times once the term is completed, you can check how long Spanish nationality takes.

Dual nationality: an important point to consider

This is perhaps the most sensitive aspect for Chinese nationals. Between Spain and China there is no dual nationality agreement, and Chinese legislation does not allow a person to hold two nationalities. In practice, this means that when you acquire Spanish nationality you lose the Chinese one.

This is not a political assessment, but a legal consequence that it is worth knowing and weighing up calmly before starting the file. Losing Chinese nationality may affect, for example, procedures, property or rights in the country of origin, as well as the way you travel between the two countries. Each person must decide according to their family, work and personal situation. The important thing is to make the decision with information and, if in doubt, to consult a professional on both the Spanish and the Chinese side.

Entry and residence: visa and authorisation

Unlike nationals of many Ibero-American countries, Chinese citizens need a visa to enter the Schengen area, including for short tourist stays. To live in Spain a tourist visa is not enough: you have to obtain a residence authorisation that allows you to stay legally and, where appropriate, to work.

That legal residence is precisely what, accumulated year after year, will bring you closer to the ten-year term needed for nationality. That is why it is so important to choose the residence route well from the outset and to maintain it without interruptions.

Requirements for nationality by residence

In addition to the term, the nationality application requires meeting several requirements:

• Ten years of legal and continuous residence in Spain.
• Passing the CCSE and DELE A2 exams. The CCSE assesses knowledge of the Constitution and of Spanish social and cultural reality. The DELE A2 certifies a basic level of Spanish; as Chinese is not a Spanish language, this exam is generally required.
• Proving good civic conduct and a sufficient degree of integration in Spanish society.

Both exams are managed by the Instituto Cervantes. It is advisable to prepare for them in advance, since passing them is a requirement that is usually checked in the file.

Documents from China: the apostille novelty

For the nationality file you will need, among others, documents issued in China, mainly the criminal record certificate and the birth certificate. These documents must be submitted duly legalised or apostilled and translated into Spanish by a sworn translator.

Here there is recent good news: since November 2023 China is a party to the Hague Convention on the apostille. This means that Chinese public documents are now validated by means of the apostille and do not require consular legalisation, a procedure that used to be longer and more costly. It is a change that notably simplifies the preparation of the file.

Usual residence routes in the Chinese community

Before being able to apply for nationality you have to build up those ten years of legal residence. These are the most frequent routes among Chinese nationals:

1. Residence and work, employed or self-employed. Whether with an employment contract or carrying out a self-employed activity, it is one of the most widely used routes. You can see the details of residence and work as an employee.
2. Entrepreneurs and investment. For those who start a business project or an innovative activity there is the residence for entrepreneurs, very present in the business fabric of the Chinese community in Spain.
3. Family reunification. It allows the relatives of a legal resident to join them in Spain and obtain, in turn, their own residence authorisation.

Whichever route you choose, remember that the time that counts for nationality is that of legal residence; keeping the authorisations valid throughout the ten years is what will allow you to meet the time requirement without setbacks.

Frequently asked questions

How many years of residence does a Chinese citizen need for Spanish nationality?

Ten years of legal and continuous residence, since China is not an Ibero-American country nor does it have a special regime with Spain that reduces the term.

Can I keep my Chinese nationality if I obtain the Spanish one?

In practice, no. There is no dual nationality agreement and China does not allow dual nationality, so when you acquire the Spanish one you lose the Chinese one. It is a point worth considering carefully before applying.

Which exams do I have to pass?

The CCSE exam, on constitutional and sociocultural knowledge of Spain, and the DELE A2 in Spanish. Both are managed through the Instituto Cervantes.

Do my documents from China need consular legalisation?

Not any more. Since November 2023 China is a party to the Hague Convention, so Chinese public documents, such as the criminal record certificate and the birth certificate, are validated with the apostille and do not require consular legalisation. You will have to translate them into Spanish by a sworn translator.

Does residence time for work count towards nationality?

Yes, provided it is legal and continuous residence. Both residence and work, whether employed or self-employed, and the entrepreneur or family reunification routes allow you to build up the ten-year term.

This guide is for information purposes and does not replace personalised professional advice; each case must be assessed individually.